The Dewan Negara recently approved the Penal Code (Amendment) Bill 2024, introducing stringent measures to hold online fraud perpetrators accountable under new legal provisions. This move is seen as a significant step towards curbing the rising tide of online fraud in Malaysia.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform), M. Kulasegaran, highlighted that the amendment brings in Sections 424 and 424(c) and (b). These sections will be applicable to all individuals involved in fraudulent activities, including those indirectly implicated. This broad application aims to cover a wider range of fraudulent behaviors and ensure that even those on the periphery of such activities are held responsible.
Kulasegaran noted that while the amendment does not directly address the restitution of funds to victims, it complements another crucial legislative change. The proposed amendment to the Criminal Procedure Code will empower the Royal Malaysia Police (PDRM) with enhanced asset seizure capabilities. This means that PDRM will have the authority to prevent fraudsters from withdrawing or using illicitly obtained funds.
"This measure is designed to assist PDRM in tracing and identifying money diverted from victims, thereby facilitating the return of these funds to the defrauded individuals," Kulasegaran explained during the debate on the Bill in the Dewan Negara. The focus on asset seizure is seen as a proactive approach to disrupt the financial operations of fraudsters and safeguard victims’ assets.
The Penal Code (Amendment) Bill 2024 garnered a majority vote, passing through the Dewan Negara after a comprehensive debate involving ten senators. This demonstrates a strong legislative commitment to tackling online fraud.
Additionally, the Criminal Procedure Code (Amendment) Bill 2024, as elucidated by Kulasegaran, specifically grants asset seizure powers to police officers with a rank of sergeant or above. This provision is crucial as it extends the police’s ability to confiscate funds from both conventional bank accounts and digital e-wallets, reflecting the modern landscape of financial transactions.
By equipping law enforcement with these powers, the amendment aims to close loopholes that fraudsters might exploit. This legislative change represents a concerted effort to modernize the legal framework in line with evolving financial technologies and online fraud tactics.
In summary, these amendments to the Penal Code and Criminal Procedure Code mark a robust advancement in Malaysia’s legal arsenal against online fraud, ensuring that perpetrators are held accountable and victims have a clearer pathway to reclaim their lost funds.
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